Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Court: rajasthan Page 4 of about 163 results (0.066 seconds)

Sukhdev Vs. Smt. Santosh

Court : Rajasthan

Reported in : AIR1998Raj12

..... the appellant sukhdev had filed a divorce petition on 30-7-81 under section 13 of the hindu marriage act on the grounds of desertion by his wife-respondent smt. ..... 150/- per month under section 25 of the hindu marriage act at the time of decreeing the divorce petition. ..... 25 of the hindu marriage act which was challenged by the wife by preferring an appeal in high court and the learned single judge of this court had set aside the order of learned distt. ..... judge after going through the evidence had given findings in favour of appellant and dissolved the marriage by gran ting decree of divorce and further had ordered for permanent alimony ofrs. ..... aw-2 bhawani shanker has been disbelieved for the reasons that it is natural in the joint hindu family that if father of girl visit the house and wishes to take his daughter with him, he will talkabout it with elders of her matrimonial house. ..... judge, sriganganagar vide his order dated 5-8-86 and the marriage between the parties were ordered to be dissolved. ..... after about 7 years of the marriage,husband had filed the divorce petition alleging therein, that respondent did not live at her in-laws house and was always prepared to go to her parents' house. .....

Suman Nahar Vs. Abhay Kumar Nahar

Court : Rajasthan

Reported in : II(1992)DMC573

..... shri kaushik, learned counsel for the appellant has raised only one objection that the petition for divorce, which was filed on 29th august, 1988 under section 13(l)(b) of the hindu marriage act, 1955 is not maintainable before the expiry of two years from the date of desertion.3. ..... not called upon to adjudicate upon the various other disputes raised before the learned judge, family court and this appeal is being decided only on the legal question of jurisdiction to entertain the petition under section 13(l)(b) of the hindu marriage act, 1955 before the expiry of two years.18. ..... an application under section 13(l)(b) of the hindu marriage act was filed by shri abhay kumar nahar on 29th august, 1988 on the ground of desertion. ..... the provisions of section 13(1) provides that any marriage solemnized, whether before or after commencement of this act, may, on a petition presented by either husband or the wife, be dissolved by decree of divorce on the ground that the other party (i-b) has deserted the petitioner for a continuous period of not less than 2 years immediately preceding the ..... this appeal under section 19 of the family court act has been filed against the judgment of the judge, family court, jaipur dated 6.9.1991.2. ..... there can be desertion without previous cohabitation by the parties, or without the marriage having been consummated. ..... brief facts giving rise to the present appeal are that the marriage of smt. ..... the appellant had to file an application under section 125 cr.p.c. .....

Sunita Mehta Vs. Ramesh Mehta

Court : Rajasthan

Reported in : I(1998)DMC290

..... presentappeal has been filed by the appellant challenging the order dated 8.1.1997, passed by family court, ajmer by which divorce petition, filed by the appellant u/section 13 of the hindu marriage act, has been dismissed by the family court.2. ..... 13 of the hindu marriage act, vide order dated 8.1.1997.3. mr. ..... just after three years of the marriage the divorce petition was filed by the appellant-wife before the family court, ajmer, on the ground of cruelty. ..... the marriage is a sacred relation and institution. ..... the marriage took place on 3.12.1992. .....

Smt. Leela Vs. Dr. Rao Anand Singh and anr.

Court : Rajasthan

Reported in : AIR1963Raj178

..... is the application delayed and as such cannot be maintained under section 23(d) of the hindu marriage act, 1955? ..... clearly then, under the scheme of the hindu marriage act it is not only competent to a court but even necessary and incumbent on it to consider in any such case whether there was any unnecessary or improper delay in instituting the proceedings in terms of section 23(1)(d) apart from the doctrine of condonation. ..... y then institutes proceedings for divorce, after a great delay but before the final disposal x herself institutes proceedings for divorce. ..... we may odd that delay has been liberally excused on various grounds, namely,(a) delay resulting from ignorance of law; (b) the petitioner's want of means and property; (c) unwillingness to involve members of the petitioner's family in family difficulties; (d) fear of scandal and desire to avoid a final break-up, if possible; (e) reasonable hope of reconciliation; and, (f) patience and forbearance on the part of a spouse and particularly the wife and considerations of welfare and position and interest of children of the marriage. .....

Santosh Acharya (Smt.) Vs. Narsingh Lal

Court : Rajasthan

Reported in : I(1999)DMC121; 1998(2)WLC12; 1997(2)WLN646

..... santosh has filed this appeal under section 28 of the hindu marriage act, 1955 (hereinafter to be referred to as the act) being aggrieved by the judgment and decree of divorce, dated april 29, 1997 passed by the learned district judge, jalore, under section 13(1-a) of the act on the ground of non-compliance of the decree of restitution of conjugal rights for ..... are hindus by religion and the hindu marriage act, 1955, as amended from time to time, is applicable to them, which codifies the law relating to marriage amongst hindus. ..... hindu marriage (amendment) act, 1964, clauses (viii) and (ix) of sub-section (1) of section 13 were substituted by sub-section ..... it may be stated that an ex-parte decree for restitution of conjugal rights is as good as a contested decree for attracting the provisions of section 13(1-a) of the act for presenting a petition for dissolution of the marriage by a decree of divorce, if there has been no restitution of conjugal rights for a period of two years or more after passing of ..... passing of the decree, she presented a petition for dissolution of marriage by way of decree of divorce under section 13(1-a)(ii) of the act on the ground that there was no restitution of conjugal rights. ..... , but since there was no resumption of cohabitation for a period of two years after passing of the decree for judicial separation, the husband presented petition for dissolution of marriage by a decree of divorce under section 13(1 -a) of the act which was resisted by the wife. .....

Smt. Bhagwati Devi Vs. Bheru Lal

Court : Rajasthan

Reported in : 1984WLN(UC)319

..... i am, therefore, of the opinion that the dissolution of marriage between a hindu couple by a decree of divorce based on mutual consent is not 'perse' sufficient to show that the couple was living separately by mutual consent to put the entire matter in simple words, the mutual consent mentioned in section 13b of' the hindu marriage act, 1955 should not be confused with the mutual consent mentioned in section' 125(4) of the code of criminal procedure. ..... and unsustainable in law it was argued that it is not there on record as to how a consent decree of divorce dissolving the matrimonial knot between the parties was passed and on what grounds the divorce by mutual consent under section 13b of the hindu marriage act, 1955 is available only on a joint application of the couple. ..... it was why section 13b was introduced in the hindu marriage act, 1955. ..... it appears that the husband initiated a proceeding under the hindu marriage act 1955 for dissolution of marriage by a decree of devorce. ..... there is nothing in section 13b of the hindu marriage act which shows that the divorce by mutual consent should be taken as suggesting that the parties ale living separately by mutual consent. ..... this revision raises interesting question of law as to whether a consent decree of divorce dissolving the nuptial tie of a hindu couple precludes the wife of claim maintenance from her ex-husband under sub-section(4) of section 125 of the code of criminal procedure.2. .....

Guru Vikas Vs. Shweta (Priya)

Court : Rajasthan Jodhpur

..... having certain differences, the couple decided to get their marriage annulled, thus, an application in accordance with section 13-b of the hindu marriage act, 1955 was presented before the family court, bikaner on 24.1.2012. ..... in these circumstances, without examining merits of the order impugned, we deem it appropriate to accept the application preferred under section 13-b of the hindu marriage act, 1955. ..... none present, for the respondent...this miscellaneous appeal as per section 19 of the family courts act, 1984 is preferred to question correctness of the order dated 14.3.2013 passed by learned presiding officer, family court, bikaner. ..... from perusal of the statements made by the appellant and the respondent before the family court, it is apparent that the couple desire to get the marriage annulled and they are also living separately since 13.7.2011. ..... their wish to get the marriage annulled is further strengthened by the fact that the respondent did not choose to appear before this court despite service of the notice to show cause and also for final hearing of the appeal. ..... the appeal stands disposed of accordingly. ..... the marriage of shri guru vikas sharma and ms.shweta (priya) is hereby dissolved. .....

Ravi Kumar JaIn Vs. Smt. Rajshri

Court : Rajasthan

Reported in : 2008(2)WLN529

..... the parties prayed that divorce petition which was filed by the appellant in the family court, udaipur may be treated as their application under section 13b of the hindu marriage act, 1955 and the parties also have settled all the issues referred in the application-cum-compromise dt. ..... petition filed by the petitioner under section 13 of the hindu marriage act before the court below is treated as petition under section 13b of the hindu marriage act, 1955.7. ..... 2006 is set aside in view of the conversion of appellant's petition under section 13 of the hindu marriage act to petition of appellant and respondent both under section 13b of the hindu marriage act.9. ..... 2001 and before presentation of the divorce petition under section 13 of the hindu marriage act they already completed more than one year's time of living separately and now prayed that they mutually agreed that marriage should be dissolved, therefore, the application is allowed ..... the parties now have submitted application for converting the divorce petition to petition under section 13b of the hindu marriage act.6. ..... the appellant and respondent by their free will submitted petition under section 13b of the act of 1955 and they are living separately and period of more than one year has passed long ago and they are unable to live together and further they have mutually agreed that marriage should be dissolved, therefore, decree for divorce is granted and the marriage of the appellant and the respondent is dissolved from today.10. .....

Prakash Vs. Smt. Kavita

Court : Rajasthan

Reported in : AIR2008Raj111; RLW2008(4)Raj3209

..... the trial court should have taken note of subsequent events at which the appellant and his family members were subjected to criminal prosecution and their arrest and filing of petition under section 9 of the hindu marriage act by the respondent inspite of the fact that she sent the appellant and appellant's family members to go behind bars and thereafter their acquittal and then asking the court to pass the decree in her favour so as ..... respondent vehemently submitted that the trial court rightly decided all the issues in favour of the respondent and dismissed the petition for grant of decree and rightly decreed the respondent's petition under section 9 of the hindu marriage act, according to the learned counsel for the respondent, the appellant created a situation and because of that the respondent started living separate from the appellant. ..... in view of the above discussion, we are of the view that the trial court committed serious error of law in decreeing the petition of the respondent under section 9 of the hindu marriage act and by refusing de-1 cree of divorce in favour of the appellant by ignoring the material evidence, facts and circumstances on the basis of which the civil cases are decided which is preponderance of the ..... 7-3-2006 to consolidate both the cases, one filed by the respondent under section 9 of the hindu marriage act and another filed by the appellant under section 13 of the hindu marriage act and decided both the cases by the same judgment dated 18-5-2000.9. .....

Banshi Dhar Vs. Chandra Kala

Court : Rajasthan

Reported in : 1987WLN(UC)469

..... : [1981]3scr223 that the provisions of section 11, cpc are applicable to proceedings under the hindu marriage act, 1955. ..... cpc are not applicable in the proceedings under the hindu marriage act, 1955. ..... banshidhar filed a petition under section 13, hindu marriage act for divorce against his wife chandrakala ..... cpc in section 15, hindu marriage act. ..... in the instant case, the respondent chadrakala filed application for setting aside the ex-parte decree within four months of its passing and the appellant banshidhar contracted the second marriage after about 2 years of the filing of her application fully knowing that she is seriously pursuing it and this court has held that the notice of his divorce petition was not duly served ..... even so, we are of opinion that the party who has won in the high court and got a decree of dissolution of marriage cannot by marrying immediately after the high court's decree and thus take away from the losing party the chance of presenting an application for ..... the appellant's witness shridhar has denied in his affidavit that he told inder kishan about the marriage of his brother banshidhar and the ex-parte decree other things being equal greater weight is given on evidence of a witness who asserts in affirmative than that of a witness who denies such ..... not consider the question as to whether the child born to the new wife on may 20, 1965 would be legitimate or not except to say that in such a situation section 16 of the act may come to the aid of the new child. .....